Terms and Condition

I. TERMS AND CONDITIONS- MITHILA SOFTECH PRIVATE LIMITED

THIS USER TERMS AND CONDITIONS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS DOCUMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS ELECTRONIC RECORD IS PUBLISHED IN COMPLIANCE WITH RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021.

II. INTRODUCTION

Mithila Softech Private Limited (hereinafter referred to as "Mithila Softech" provides web-based software solutions and related support services, including but not limited to VidyalayBox, a Software-as-a-Service (SaaS) platform designed for educational institutions to manage administrative, academic, and communication workflows. Access to the Services is provided on a subscription or trial basis, as per the applicable plan selected by the User.

These User terms and conditions provides for the legal rights and responsibilities with respect to the access and use of website, mobile site and app (hereinafter referred to as "Platform") -

  1. These User terms and conditions (hereinafter referred as "Terms of Use") and amended provisions from time to time govern your access and use of Platform.
  2. Before using, interacting or procuring the services (hereinafter referred to as "Services") of Platform, the Users shall compulsorily read and understand this Terms of Use and by transacting on the Platform shall be deemed to have accepted these Terms of Use as a binding document which governs user's dealings and transactions with Mithila Softech.
  3. You can accept the Terms of Use by clicking to accept or agree to the Terms of Use, where it is made available to you by Mithila Softech in the User interface. In this case, you understand and agree that Mithila Softech will treat your use of the Services as acceptance of the Terms of Use from that point onwards.
  4. User may not use the Platform if unable to accept the Terms of Use or are unable to be bound by the it.

III. APPLICABILITY

  1. For the purposes of these Terms of Use wherever the context so requires, User shall mean any natural or legal person who accesses or uses the Platform for the purpose of browsing, selecting, purchasing or availing services, packages, or any other offerings provided through the Platform.
  2. For the purpose of this Terms of Use wherever the context so requires "you/You" or "your/Your" shall mean User and the term "We", "us/Us", "our/Our" shall mean Mithila Softech.
  3. Both User and Mithila Softech are individually referred to as 'Party' and collectively referred to as 'Parties' to these Terms of Use.
  4. Certain Services offered on the Platform may be subject to additional or supplementary terms and conditions ("Supplementary Terms") which are incorporated into these Terms of Use by reference. In the event of an inconsistency between these Terms of Use and Supplementary Terms, the provisions of the Supplementary Terms shall control to the extent of conflict. The User should refer to the relevant Supplementary Terms applicable for the given service(s) as ordered by the User.

IV. ELIGIBILITY

  1. User must be eligible to enter into legally binding contract as per the Indian Contract Act, 1872 and hall be eligible to access, register on, and transact through the Platform.
  2. By registering or using the Services, you confirm that you are legally authorized to represent the institution or organization on whose behalf the Services are being accessed. These Terms apply to all authorized users accessing the Services under your account.

V. ACCOUNT REGISTRATION

  1. In order to access and use the Platform, you must register by creating an account ("Account") and accepting these Terms of Use. You agree that all information provided by you during registration shall be accurate, current, and complete. The Account shall be used only for your personal use and not for resale, commercial exploitation, or unauthorized purposes.
  2. We will create your Account based on the information provided by you during registration. Each User is permitted to maintain only one Account. Mithila Softech reserves the right to suspend, merge, terminate, or delete multiple or duplicate Accounts without any liability or obligation to provide compensation.
  3. We hold right to suspend or terminate Account and your access of the same (i) if any information provided during registration process or thereafter proves to be inaccurate, not current or incomplete (ii) if it is believed that your actions may cause legal liability (iii) if you are found to be non-compliant with the Terms of Use or any other policies and/or (iv) you engage in fraudulent, abusive or unlawful activities.
  4. Users are responsible for safeguarding the account details and it is agreed that such information shall be not disclosed to third party and that you will take sole responsibility for any activities or actions on Account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized access of your Account.

VI. USE OF THE PLATFORM AND CONTENT

  1. Mithila Softech is the sole and exclusive owner of all content made available on the Platform, including but not limited to the design, layout, look, appearance, graphics, logos, trade names, trademarks, reviews created by Mithila Softech, audio-visual material, and other proprietary information ("Platform Content"). Users shall not reproduce, distribute, or disclose any confidential or proprietary information of Mithila Softech without prior written consent.
  2. By submitting, posting, or uploading any content (including reviews, photos, videos, comments, or other materials) ("User Content") on the Platform, you grant Mithila Softech a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, assignable, sub-licensable, and transferable license to use, reproduce, adapt, publish, translate, distribute, display, and otherwise make such User Content available in connection with the Services.
  3. You represent and warrant that you are the sole author and owner of the User Content you submit or otherwise have full rights and authority to grant the license described above. You further warrant that your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
  4. Mithila Softech reserves the right, at its sole discretion, to remove, disable, or restrict access to any User Content, without notice, for any reason or no reason, including but not limited to Content that violates these Terms of Use or is otherwise objectionable or unlawful.
  5. While interacting or transacting on the Platform, Users shall not host, display, upload, modify, publish, transmit, store, update, or share any information that violates any applicable law, including the Information Technology Act, 2000, the Intermediary Guidelines and Digital Media Ethics Code Rules, 2021, or any other applicable regulations.
  6. Users shall not upload, post, submit, or transmit any software, code, files, or programs that contain viruses, worms, malware, or other harmful components that may damage, interfere with, or impair the Platform, its services, or any connected network.

VII. REFUNDS AND CANCELLATIONS

  1. Subscription fees, payment terms, and applicable taxes shall be as displayed on the Platform or mutually agreed in writing.
  2. Fees are payable in advance for each subscription period and are non-refundable except as expressly stated below.
  3. The Mithila Softech offers a demo version of its product for evaluation purposes prior to purchase.
  4. Refunds shall be processed in accordance with the Mithila Softech's refund policy as per the applicable subscription plan. No refunds are available for monthly or short-term plans.
  5. For institutional or enterprise Users, a separate SaaS Subscription Agreement shall govern commercial terms; in case of conflict, such agreement shall prevail.

VIII. DATA OWNERSHIP AND CONFIDENTIALITY

  1. Mithila Softech may process, store, and back up such data solely for the purpose of providing the Services.
  2. Mithila Softech shall maintain reasonable administrative, technical, and physical safeguards to protect User data against unauthorized access, disclosure, or destruction.
  3. Both Parties shall maintain confidentiality of proprietary or sensitive information disclosed during the course of the relationship.

IX. OWNERSHIP OF INTELLECTUAL PROPERTY

  1. All rights, title, and interest in and to the Platform, including but not limited to the technology, software, source code, object code, design, layout, look and feel, user interface, compilations, text, graphics, logos, trade names, service marks (excluding third-party trademarks, logos and service marks appearing on the Platform), and all intellectual property rights therein ("Platform IP"), are the exclusive property of Mithila Softech, its affiliates, partners, licensors, or associates.
  2. Except as expressly permitted under these Terms of Use, Users shall not copy, modify, adapt, translate, create derivative works from, distribute, sell, lease, assign, transfer, reverse engineer, decompile, disassemble, attempt to extract source code from, or otherwise exploit any part of the Platform IP.
  3. Subject to compliance with these Terms of Use, Mithila Softech grants Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for personal, non-commercial purposes.

X. LIMITATION OF LIABILITY

  1. Mithila Softech shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities arising out of or related to the use or inability to use the Service.
  2. Mithila Softech shall not be responsible for any interruption, delay, or inability to access the Platform or its features arising from technical issues, server downtime, maintenance activities, system upgrades, or any other reasons beyond its reasonable control.
  3. Mithila Softech disclaims any responsibility for loss, damage, or harm caused by viruses, malware, or other technologically harmful material that may infect your computer, device, programs, data, or other proprietary material due to the use of the Platform or downloading any material therefrom.

XI. DISCLAIMER AND THIRD-PARTY LINKS

  1. The Services are provided on an "as is" and "as available" basis. Mithila Softech does not warrant that the Services will be uninterrupted, error-free, or fully secure.
  2. To the fullest extent permitted by law, the Mithila Softech disclaims all warranties, express or implied, including but not limited to fitness for a particular purpose and non-infringement.
  3. The Services may include links or integrations with third-party tools or services. Mithila Softech is not responsible for any third-party content, practices, or availability.

XII. INDEMNITY

The User expressly agrees to defend, indemnify, and hold harmless Mithila Softech, its affiliates, subsidiaries, group entities (present and future), and their respective officers, directors, employees, representatives, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, claims, demands, actions, suits, costs, and expenses (including reasonable legal fees) arising out of or in connection with (i) any breach by the User of these Terms of Use, including any representations, warranties, or covenants made herein; (ii) any violation of applicable laws, regulations, or third-party rights by the User; (iii) any negligent act, omission, misconduct, or wilful default by the User; (iv) any third-party claim relating to infringement, misappropriation, or violation of intellectual property rights arising from User Content posted, uploaded, or shared on the Platform; and (v) the use, reproduction, or distribution of User Content by Mithila Softech, its affiliates, partners, licensors, or associates in accordance with these Terms of Use.

XIII. TERM AND TERMINATION

  1. The Terms of Use, together with any supplementary terms, policies, guidelines, code of conduct, or any other rules issued by Mithila Softech from time to time (collectively "Terms"), shall remain in force unless terminated by either you or Mithila Softech in the manner set out below.
  2. A User may terminate these Terms by discontinuing use of the Platform and/or closing their account.
  3. Mithila Softech, in its sole discretion and in addition to any other remedies available under law, may restrict, suspend, deactivate, discontinue, or permanently terminate a User's access/account on the Platform without prior notice or liability if:
  1. No claims shall be maintainable against Mithila Softech for any loss or damage that may be caused to the User or any person as a result of any termination, suspension, discontinuation, or deactivation of User's Account by Mithila Softech as above said.
  2. Any suspension of User Account or restriction imposed temporarily will be in the instances where Mithila Softech may in its sole discretion investigate the default of User and reserves the right to reinstate such Account at additional cost or undertaking to be provided by the User.

XIV. MISCELLANEOUS

  1. These Terms of Use including Privacy Policy, Supplementary Terms and policies as applicable to any Services offered by Mithila Softech constitutes the entire agreement between you and Mithila Softech with respect to your use of Platform and Services offered by us.
  2. Terms of this Terms of Use, Privacy Policy, Supplementary Terms and policies as applicable that, by their nature and content, are intended to survive the completion, rescission, termination or expiration of this Terms of Use, shall so survive and continue to bind the Parties for the maximum period of time permitted under applicable law.
  3. Nothing in this Agreement shall be construed as to create the relationship of employer-employee, partners, collaborators, joint-venture or principal-agent between the parties hereto.
  4. We treat your information with confidentiality and all your information shared by you with us is governed by our Privacy Policy.
  5. Any notice in connection with your Services or transactions with us, or as required under applicable laws, shall be effective upon being posted on our Platform or delivered to you at the e-mail ID and/or registered mobile number (including WhatsApp) provided by you at the time of registration. Mithila Softech shall not be liable if you provide an incorrect or inaccessible email ID or mobile number. Any notice or communication from the User to Mithila Softech shall be sent in writing to us at [●] or by post at our Registered Office: [●}
  6. In the event of any circumstances or situations beyond our reasonable control including acts of God, labour unrest, insolvency, pandemic, epidemic, business exigencies, government orders, terrorist activity, operational or technical issues, or any other reason that limits our ability to provide Services ("Force Majeure"), Mithila Softech may suspend, limit, or terminate your access to the Platform with reasonable written notice to your registered e-mail ID and/or mobile number. Mithila Softech shall take all reasonable measures to mitigate any delay or disruption caused; however, Mithila Softech shall not be held liable for any consequences resulting from such Force Majeure circumstances.
  7. The Terms of Use are subject to amendment or modification from time to time. Any such amendments will be updated on the Platform, and continued use of the Platform and Services shall be deemed acceptance of the revised Terms. Users are advised to periodically visit the Platform to review the latest version.
  8. Mithila Softech may incorporate any feedback, suggestion, or idea shared by Users into its content, material, or services. User acknowledges and agrees that: (i) Mithila Softech shall not be obliged to provide any credit or compensation to the User for such incorporation; (ii) no intellectual property rights of the User shall be recognized in such suggestions or feedback; and (iii) Mithila Softech assumes no confidentiality obligations with respect to such feedback. User expressly waives all claims, including moral rights, in any such feedback or suggestions.
  9. If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms of Use shall continue to be in full force and effect.
  10. Failure or delay on part of either Party to enforce any provision(s) of this Terms of Use at any point of time shall not be construed to be a waiver by such Party of such rights thereafter to enforce each and every provision of this Agreement.
  11. Mithila Softech may assign or transfer its rights, obligations, benefits, either in whole or in part, without the prior written consent or intimation to the User. User is not entitled to transfer or assign his/her rights, obligations or benefits under this Terms of Use or any Supplementary Agreement or policies governing User's relationship with us.
  12. These terms shall be construed in accordance with the laws of India. Any disputes arising hereunder shall be subject to the exclusive jurisdiction of the competent courts at Patna, subject however to applicable consumer protection laws.